Hamilton v. Bullock. , 3 N.C. 224 ( 1802 )

JOHNSTON, Judge.-

The plaintiff moves for & new trial, " and it is objected to him, that a new trial has been before granted ; and that there cannot be a new trial after a new trial. I am of opinion there may be, and the court ought to grant a new trial, where it is evident the second verdict is against law.

So a new trial was granted the second time. 4 Burrow, 2108, was the case cited in confirmation of the judge’s opinion,